United States v. Kenneth Edward Elliott

91 F.3d 156 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Edward ELLIOTT, Defendant-Appellant. No. 94-10378. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 10, 1996. Decided July 5, 1996. Before: REINHARDT and HALL, Circuit Judges, MERHIGE, District Judge. * MEMORANDUM ** Defendant-Appellant Kenneth Edward Elliott appeals his conviction for violations of 18 U.S.C. § 2119 , 18 U.S.C. § 924 (c), and 18 U.S.C. § 922 (g). The district court sentenced Elliott to 78 months for the first count and a consecutive term of 60 months for count two. Elliott also received a concurrent sentence of 120 months for count three. We affirm all issues, but remand for resentencing. I. Elliott argues that during the prosecution's closing argument, the government misstated the elements of the insanity defense and that this misstatement constitutes reversible error. In his closing argument, the…